Bartlett and Fullwood (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Bartlett and Fullwood concerning the percentage of care arrangements for a child. The applicants sought to revoke existing percentage of care determinations and have new determinations made, which would alter the child support payable.

The primary legal issue before the Tribunal was whether the applicants had demonstrated a sufficient change in the child's nights of care to warrant a revocation of the existing percentage of care determinations and the making of new ones. The Tribunal was required to assess the evidence presented regarding the actual care arrangements, including both nights spent with each parent and any care provided in ways other than overnight stays.

Member A Ryding, in determining the matter, applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes in care. The Tribunal considered the evidence of the child's living arrangements and the frequency of care provided by each parent. The Tribunal found that the evidence established a significant change in the percentage of care provided to the child, justifying the revocation of the previous determinations. The Tribunal then made new percentage of care determinations based on the established facts.